Re: Re: Service charges/Gastos de communidad



No, categorically not.

The debt was incurred in Spain and is governed by Spanish civil law. It cannot be enforced outside Spain without the authorities in England first accepting that it is a legitimate debt.

Before England would accept the legitimacy of such a debt it would require proof that the full process to recover the debt has been undertaken in the country where the debt was incurred. As a very minimum this would require a legal judgement
in the home juristiction. Add to this the not inconsiderable cost of lawyers in both countries, official translations, etc. Even then it would only mean that the whole process, beginning with a CCJ, could begin in England.

As Katy so accurately put it earlier:

Why do you think it was placed with debt collectors instead of going through the Courts?

It is way way to complex and expensive for a debt such as this to be persued through proper legal channels. The creditor is, as they are entitled to do, trying to bypass this process by using a debt collector.

If the creditor holds firm, whatever threats the collector spouts, it is highly unlikely that any action will be taken in England. Even if it is the creditor has a lot of protection under English civil law.